Legal Question in Criminal Law in Ohio

My brother was charged with drug posession but not arrested and given a future indictment in August. He was arrested this April for the August incident and charged with a felony 3 drug posession after the other person involved turned states evidence on him. At the hearing he was dismissed and told he could be charged with a future indictment again. Is this normal and is it likely he will be charged again?


Asked on 4/22/10, 7:20 am

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Your brother's circumstance is somewhat unusual, but in a good way. The arrest in August of 2009 and almost immediate dismissal for a future indictment is common in central Ohio. One reason is that the police must test the substance that they think is an illegal drug, and that takes a long time. For him to also be charged by indictment in April of 2010 is not uncommon -- the test result probably came back positive.

It is somewhat unusual for the charge to then be dismissed again for another future indictment. There are many reasons why this may have occurred. Without more information, it is impossible to know the answer.

Likewise, without knowing why the charge was dismissed again it is impossible to know whether it is likely that he will get charged again. These are questions that his attorney should be answering for him. I recommend that your brother go back to his attorney and ask these questions.

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Answered on 4/27/10, 7:33 am


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